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Ministerial Letter ML/EH/018/09: NHS (Charges to Overseas Visitors) (Amendment) (Wales) Regualtions 2009

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This letter communicates the amendment to the NHS (Charges to Overseas Visitors) Regulations 1989 in respect of failed asylum seekers.

The amendments are as follows:

  • If an asylum seeker’s claim for asylum has failed they will not be charged for treatment but will be entitled to receive free NHS treatment until the point of their departure to their country of origin.
  • The spouses, civil partners and dependent children of Crown Servants, employees of the British Council and Commonwealth War Graves Commission and members of HM Armed Forces, will be exempt from hospital treatment charges irrespective of whether the spouse, civil partner and dependent child is living with the exempt overseas visitor on a permanent basis in the UK. This will include anyone working abroad in a job financed in part by the UK Government or a public body of some other country or territory.
  • Missionaries will be exempt from hospital treatment charges regardless of whether they derive a salary or wage from the organisation, or receive any type of funding or assistance from the organisation for the purposes of
    working for the overseas organisation. The spouse, civil partner and dependent child of a missionary will be exempt from charges for services forming part of the health service.
  • The spouse, civil partner or child of an overseas visitor who falls within the exemption in sub- paragraph (r) of paragraph (1) of regulation 4 of the 1989 Regulations relating to a victim of human trafficking is also exempt from charges in respect of services forming part of the health service.